Plaza Vs Amamio

Plaza vs.
Amamio
Facts:
1. The complainant alleges that sometime in the first week of
July 2007, he heard that some of the personnel of RTC
(Branch 26) were planning to hold a Sara Lee party in the
Argao Hall of Justice and that upon learning of the plan, he
informed the personnel of the said court about
Administrative Circular No. 3-92 prohibiting the use of the
Halls of Justice for residential or commercial purposes.
2. The complainant claims that in the morning of July 14, 2007,
a Saturday, the security guard on duty, Mr. Roger O.
Jimenez, telephoned him with the information that there
were persons from Sara Lee who wanted to enter the Argao
Hall of Justice to put up the decorations, sound system and
catering equipment for the Sara Lee party. The complainant
states that he directed Mr. Jimenez not to allow the persons
to enter the premises. He then called up Atty. Amamio to
inform her of the situation and of the infraction that would
be committed should the Sara Lee party push through. The
complainant alleges that Atty. Amamio insisted that she had
authorized the Sara Lee party and raffle draw.
3. The complainant then recounts the events that transpired as
recorded in the security logbook of the Argao Hall of Justice
x x x. In the logbook, Mr. Jimenez wrote that at around 11:05
in the morning of July 14, 2007, he received a telephone call
from Ms. Vasquez approving the use of the entrance lobby
for the raffle draw which she claimed was authorized by
Atty. Amamio. According to the entries in the logbook, the
raffle draw started at around 2:00 p.m. and ended at 5:00
p.m., with fifty-one (51) participants attending the event.
4. The complainant adds that even the security guards on duty
who recorded the Sara Lee event in the logbook were later
subjected to x x x harassment by the respondents who
questioned the guards [as to] why the said event was
recorded in the logbook. He claims that Atty. Amamio even
reprimanded the guards x x x, castigating the latter for also
jotting down in the logbook court personnel who were not in
uniform.
5. The complainant stresses that holding the party and raffle

draw inside the Argao Hall of Justice was a clear violation of
Administrative Circular 3-92 and had exposed the properties
and records contained within it to risk of damage and loss.
6. The respondents do not deny that they allowed the holding
of the Sara Lee raffle draw on July 14, 2007 at the ground
floor lobby of the Argao Hall of Justice, but only after
respondents Amamio and Vasquez had fully discussed the
matter upon receipt of the letter dated June 4, 2007 of Mrs.
Virginia C. Tecson, business manager of the Fuller Life Direct
Selling and Personal Collection, requesting permission to
hold the raffle draw of Sara Lee at the Argao Hall of Justice.
7. The respondents argue that similar activities had been held
before at the Argao Hall of Justice. They said that during the
fiesta of Argao in September 2006, a stage for beauty pageant
was put up right at the entrance of the Argao Hall of Justice.
8. The respondents also claim that at the Cebu City Hall of
Justice, raffle draws were being conducted regularly and that
the latest, which was held on March 30, 2007, was
sponsored by the very same people from Sara Lee. The
respondents contend that the prizes to this raffle draw,
which included a multicab, were displayed on the ground
floor lobby of the building for one week.
9. The respondents added that since the building which houses
the Argao Hall of Justice has been declared a cultural
heritage and is the centerpiece of the said municipality,
then the activity planned by Sara Lee was appropriate in
promoting the town of Argao. Respondents Amamio and
Vasquez maintain that it was their honest belief that the
building was not to be used exclusively for court purposes,
but also to be shown to visitors who wanted to visit and see
the historical building.
10. The respondents deny that a party was held, saying that
only a raffle draw was conducted and that only softdrinks
and finger foods were served to the participants. They also
claim that there was no danger to the building and the
records since the raffle draw was merely held at the ground
floor lobby and that those who attended the raffle draw
were decent people, majority of them being women. Neither
was there any commercial activity or transaction which
involved the buying and selling of goods for profit. According

to the respondents, Mrs. Tecsons primary reason for
requesting the use of the ground floor lobby of the Argao
Hall of Justice was for her staff to experience and to imbibe
Argaos rich historical past.
11. The respondents also deny that they harassed and
intimidated the security guards who recorded the raffle draw
in the logbook. Respondents Vasquez and Patalinghug only
inspected the logbook to find out who attended the raffle
draw and respondent Amamio merely called the attention of
the guards as to why even the trivial non-wearing of the
office uniform of some employees were entered when
Circular No. 49-2007 dated May 15, 2007 directed the
optional wearing of uniforms.
12. Finally, the three respondents maintain that they had
performed their duties to the best of their abilities, acted
with absolute good faith devoid of malice, and had no
intention to prejudice the interests of the Court. They insist
that they have never violated any rule, regulation, or law in
the execution of their assigned tasks.
Issues:
A. WON respondents violated Administrative Circular No. 3-92
by allowing the holding of a raffle draw in the lobby of the
Argao Hall of Justice
B. WON the proceedings
complainants desistance
should
continue
despite
the
Ruling:
A. Yes. Indeed, the holding of a raffle draw at the Argao Hall of
Justice by the staff of Sara Lee degraded the honor and
dignity of the court and exposed the premises, as well as
the judicial records to danger of loss or damage. In
Administrative Circular No. 3-92, we have already reminded
all judges and court personnel that the Halls of Justice may
be used only for purposes directly related to the functioning

and operation of the courts of justice, and may not be
devoted to any other use.
The Argao Hall of Justice is not meant to be used for
festivities, and in fact should remain closed to the public
during such occasions. Time and again, the Court has
always stressed in pertinent issuances and decisions that
courts are temples of justice, the honor and dignity of which
must be upheld and that their use shall not expose judicial
records to danger of loss or damage. So strict is the Court
about this that it has declared that the prohibition against
the use of Halls of Justice for purposes other than that for
which they have been built extends to their immediate
vicinity including their grounds.
If the building housing the Argao Hall of Justice is such an
important historical landmark, all the more reason why
activities, such as Sara Lee raffle draw, should not be held
within. At most, the said Hall of Justice could have been
made part of a regular local tour, to be viewed at
designated hours, which viewing shall be confined to certain
areas not intrusive to court operations and records.
B. This Court looks with disfavor at affidavits of desistance filed

by complainants, especially if done as an afterthought.
Contrary to what the parties might have believed,
withdrawal of the complaint does not have the legal effect of
exonerating respondent from any administrative disciplinary
sanction. It does not operate to divest this Court of
jurisdiction to determine the truth behind the matter stated
in the complaint. The Courts disciplinary authority cannot be
dependent on or frustrated by private arrangements
between parties. An administrative complaint against an
official or employee of the judiciary cannot simply be
withdrawn by a complainant who suddenly claims a change
of mind. Otherwise, the prompt and fair administration of
justice, as well as the discipline of court personnel, would be
undermined.

Plaza Vs Amamio

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Plaza vs.

5. The complainant stresses that holding the party and raffle

involved the buying and selling of goods for profit. According

be used only for purposes directly related to the functioning

B. This Court looks with disfavor at affidavits of desistance filed

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